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November 28, 2006

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Alex

Just a nitpicky comment - there is a typo in your post, Matsushita was decided in 1986

Randy Picker

Thanks. Yes, if would have been hard for them to quote Monsanto (1984) in 1976.

Crank

Of course, as a matter of policy, if the pedestrian only knows that she was hit by a car and assumes negligence, then it is questionable whether she should be filing a lawsuit at all. Which, when you think about it, applies to a lot more types of lawsuits than just auto accidents.

Marc

Just a quick you-might-be-vaguely-interested point on telephonese (from somebody who recently left that field for law school). We generally used RBOC for "real big old carrier" or "real big old company." Less official, true, but far more descriptive.

Joan A. Conway

Several years ago I came across the same kind of intake process that used efficiency for due process requirements in civil matters. Granted criminal conduct requires an investigation that gets to the point of due process as quickly as it can, while under the criminal procedures.

But while civil conduct requires an investigation that tries to alleviate the harm or injury efficiently and without arriving at procedural due process, under the scope of a Section 504 (Rehabilitations Act) civil administrative process, and also at the lower court level.

Therefore, I can say, now without completely reading the post, due to performing this exercise at my neighborhood library and under the pressure of the clock, that any negligence associated with efficient procedures, requiring considerations under the state's theories of contributory negligence or compensatory negligence, during an intake process resulting in any settlement, and in the alternative, a final decision by an administrator denies procedural due process required by the Fourth, and the Fourteenth Amendment of U.S. Constitution, for unreasonable restrain. Privileges and Immunities Clause. Logan vs. Zimmerman Brush Co.

It simply can be said, that the procedural jurisdiction injustice that resulted in this matter is unfortunately out-of-the-orbit of the policeman's investigation, and should have had his desk commander's oversight to avoid the appearance of arbitrary state action and intentional conduct.

I will finish reading this at home and comeback to finish it another day, if I have neglected anything in the comment, since I can and I am not required to do more!

But a criminal investigation does require procedural due process based on the facts supported by the law.

Joan A. Conway

What a difference a New Year makes!

Happy New Year bloggers.

An Aside Note:

I found an opportunity to do my first "Good Deed" for the New Year. It occurred on the Epiphany, January 6, 2007, when an attractive 40ish black female carrying Xmas wrapped packages bent down to rest them on the sidewalk to protest getting a parking ticket in front of a neighborhood movie theatre about 4:29 P.M.

She spoke about the injustice of getting a ticket for parking, when she had 9 minutes left on the parking meter and thought the meter man, instead of meter woman, was out to get her to me, an older civil rights white woman, a Sippy Cup!

She then turned to me to inquire how she could prove the matter in court very politely?

I of course responded that she had me!

And in addition, "I would do her a favor," after reading the meter and seeing 9 minutes left on the clock. "I would do her a good deed!"

I proceeded to give her my business card and swapped her name and phone number before departing.

As I noticed she was aptly named "Louise."

God has spoken.

Return to the subject matter:

After reading "Twombly Tea Leaves on Boylston Street" at home, I see that the above comparison suffers from competitive markets information exchanges that promote competiton, while, by comparison sake, in oligopolitistic markets they depress competition.

The Regional Bell Operating Companies are so dominant as to give rise to unfairness.

They in essence have blocked and "prevented entry in their respective local telephone and/or igh speed internet service markets and therefore, joined in a conspiracy to block entry of phone served of public convenience, a necessity to all potential competitors."

In recent years there have been efforts to promote more competition, and to reduce the amount of regulation in many of these industries.

Hence, a "Sippy Cup" can be found in the Wednesday, January 3, 2007, news article in the Chicago Sun Times, "FCC makes wrong call for consumers," when it states: "The phone industry got its special Christmas wish to get a license to deploy its system based on profit, not parity."

"The result will put the phone giants on a fast track to profits, while all but their self-defined "high-end" customers will be left in the slow lane or without service altogether."

"Adding insult to injury, the FCC proposes to extend this ruling to all video service providers once they renew their franchises. Rather than holding companies accountable on a level playing field, the FCC lowers the regulatory bar, cuts public benefits and starts the descent down a slippery slope, or provides its challengers a "Sippy Cup."

"The FCC's stealth move leaves us shaking our heads in disbelief. How is it that three out of five appointed members of the FCC have the power to usurp the authority of 485 elected members of Congress? Peter Skosey, board chairman, CAN TV Chicago."

It is the conduct of the Defendant(s), and not the Agreement, as to its legality of the condcut that creates a sham exception - since they are essentially in the crucial control of evidence and have intentionally withheld it from the Agreement.

This affects the public interest and is subject to varying degrees of regulation by state and federal agencies.

Telephone(s) are permitted to compete within the varying limits set by the various regulatory commissions. Regulation rather than competition is relied upon to protect the public interest.

Trucking Unlimited, Noerr case 1961: Res Ipsa Loquitur, and Boyd v. Travelers, Ins. Co. - Spoliation of Evidence. 42 U.S.C. Section 1985, 1986, and 1988..."Best-Kept Conspiracies."

Now the FCC is promoting more competition and reducing its regulation as its mode of operation. A profit motive for some attorneys.

Harry Stone

Great blog you have, i am doing a study on this subject and i fund some great information on your site

Thank you for that

Harry Stone

Joan A. Conway

Thank you very much. I appreciate the praise, since I am a new blogger and learning law. I have read about 4 text books so far on the law. The latest is Constitutional Law. I must have about 12 text books someone dumped in front of a used book store one day ago time ago. I am now making use of these text books. Although they are not current text books, there is a wealth of information in them. I hope to receive a National Registration Attorney Number in the near future, before May 25, 2008. I turn 70 years of age on April 26, 2008. This will be a great gift. I have had licenses as a NYSE Series 7 Stockbroker, 1994, Illinois CPA, 1990, and Illinois Real Estate Salesperson, 1976 (?). I have been involved with the Illinois Regulating Commission on other matters concerning coin operated telephones a decade ago.

Again thank you. It was kind.

Joan A. Conway

Thank you very much. I appreciate the praise, since I am a new blogger and learning law. I have read about 4 text books so far on the law. The latest is Constitutional Law. I must have about 12 text books someone dumped in front of a used book store one day ago time ago. I am now making use of these text books. Although they are not current text books, there is a wealth of information in them. I hope to receive a National Registration Attorney Number in the near future, before May 25, 2008. I turn 70 years of age on April 26, 2008. This will be a great gift. I have had licenses as a NYSE Series 7 Stockbroker, 1994, Illinois CPA, 1990, and Illinois Real Estate Salesperson, 1976 (?). I have been involved with the Illinois Regulating Commission on other matters concerning coin operated telephones a decade ago.

Again thank you. It was kind.

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